Justice- “Under Scrutiny”

Of the three pillars of the Indian democracy – the executive, the legislature and the judiciary, the first two pillars have been shaken by institutionalized corruption for a long time. The judiciary – the last recourse of law as The Supreme court of India along with 38 high courts and hundreds of district and divisional courts is however, failing to play its role as the protector of constitutional rights is being proved time and again by its various controversial judgments.

According to the Transparency International’s Global Corruption Barometer 2006, 77 per cent of the Indian respondents described the Indian judicial system as corrupt. About 36 per cent of Indians had bribed the judiciary. Between May 2006 and April 2007, the average amount of money paid in bribes by a household in India was the greatest in judiciary as compared to other sectors.

Indian judiciary is rotten as it is said the justice delayed is justice denied and its always seen that the witnesses either forget details of the incident or turn hostile, being tired of getting summoned to the court for years. All these go as advantage to the accused. We have hundreds of instances that introspects the flexibility, elasticity and denial in judgement by the Indian courts-

1- Why was Ajmal Kasab, accused of the 26/11, Mumbai trailed for more than 2 years and a ransom amount in crore was spend over him?

2- What about the accused of the Pune, Jaipur, Ahmedabad and Vododra Bomb blasts??

3- Why are Lalit modi, Suresh Kalmadi, A Raja, Madhu kodi not given any quick and responsive strict punishment who played with the National economy in the time the world was facing the economic crises?

4- Why are the politicians and the powerful persona treated privileged behind the bars although the others with them for the same, not??

5- Why are the cases of rape and molestation trailed for decades??

The 19-year-long trial in Ruchika Girhotra molestation case that ended with a light six-month punishment for former Haryana DGP S P S Rathore was a classic example of the powerful and influential exploiting systemic legal loopholes to their advantage.

More than 30 million cases pending in various high court and sub-courts says the RTI news. “The prosecution does not care if there is delay. They also have so many cases that they fail to keep track. They do not realise that delay only benefits the accused. The prosecution should be a little alert to such attempts to delay the trial,” said the CJI, Justice Balakrishnan.

For the common man the terms case, courts and justice sounds similar to the words postponement and pending. A mass of people has lost hope and trust over the judiciary. Its the common man who always suffers and is ruined. For him Justice was always Under scrutiny.

And this is what I have got to tell the courts. First things first. Solve the case, find the culprit and give him proper punishment, in time. Then find everyone who tried to manipulate the case.

Reference: Wikipedia and magazines

Article by-

Animesh jain

Student, Mewar University, Chittorgarh (Rajasthan)

[Submitted as an entry for the MightyLaws.in Blog Post Writing Competition, 2011]

MightyLaws is not responsible or liable for the views expressed by the authors. The articles are general information and should not be treated as legal advice. Please read the Disclaimer for further clarifications.

One Comment → “Justice- “Under Scrutiny””

hemen parekh

7 years ago

Crows are black everywhere

That is how an Indian proverb goes.

Indian political parties are no exception. All of them harbor politicians having criminal cases pending against them.

For a good reason too.

Apparently , a political party’s chances of winning an election , seem to be directly proportional to the number of MLAs ( Member of Legislative Assembly ) it has, having criminal cases pending against them !

Wonder why Trinmool Congress ( in West Bengal ) and AIADMK ( in Tamil Nadu ) won the recent State elections with such huge majority ?

Just look at their strength of newly elected, criminally charged MLAs :

 Trinmool Congress ………………….. 69 MLAs [ 38 % ]

 AIADMK …………………………………….. 46 MLAs [ 31 % ]

 Congress …………………………………… 17 MLAs [ 41 % ]

 DMK ……………………………………………. 7 MLAs [ 30 % ]

 CPI ( M ) …………………………………… 7 MLAs [ 18 % ]

( Source : MID DAY / 17 May, 2011 )

I would not be surprised if losing political parties are rethinking their poll strategies for next national elections !